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THE CORPORATION OF THE TOWNSHIP OF BALDWIN
BY-LAW NO. 2024-007
BEING A BY-LAW TO LICENCE, REGULATE AND GOVERN
SHORT-TERM RENTALS IN THE CORPORATION OF THE
TOWNSHIP OF BALDWIN
WHEREAS the Council of The Corporation of the Township of Baldwin deems it
desirable to licence, regulate and govern short-term rentals as defined in this By-law;
AND WHEREAS the Council for the Corporation of the Township of Baldwin considers it
necessary and desirable for the public to regulate the short-term renting of premises for
the purpose of protecting long-term housing availability and the health and safety of the
persons residing in rental premises by ensuring that certain regulations are met and that
the required essentials such as plumbing, heating and water are provided, and to
ensure that the rental premises does not create a nuisance to the surrounding
properties and neighbourhood and to protect the amenity, character and stability of the
area;
AND WHEREAS section 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25 provides that
a municipal power shall be exercised by by-law;
AND WHEREAS section 8 of the Municipal Act, 2001 provides that the powers of a
municipality shall be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers appropriate
and to enhance the municipality's ability to respond to municipal issues;
AND WHEREAS section 9 of the Municipal Act, 2001 provides that a municipality has
the capacity, rights, powers, and privileges of a natural person for the purpose of
exercising its authority;
AND WHEREAS section 10(2) of the Municipal Act, 2001 provides that a single-tier
municipality may pass by-laws respecting business licensing;
AND WHEREAS section 128 of the Municipal Act, 2001 provides that a local
municipality may prohibit and regulate with respect to public nuisances, including
matters that, in the opinion of Council, are or could become or cause public nuisances;
AND WHEREAS section 151 of the Municipal Act, 2001 provides that a municipality
may provide for a system of licences with respect to a business and may prohibit the
carrying on or engaging in the business without a licence; refuse to grant a licence or to
revoke or suspend a licence; impose conditions as a requirement of obtaining,
continuing to hold or renewing a licence; impose conditions, including special
conditions, as a requirement of continuing to hold a licence at any time during the term
of the licence; and licence, regulate or govern real and personal property used for the
business and the persons carrying it on or engaged in it;
AND WHEREAS Section 436 of the Municipal Act, 2001 permits a municipality to pass
by-laws providing that the municipality may enter on land at any reasonable time for the
purpose of carrying out an inspection to determine compliance with a by-law direction,
order or licence;
AND WHEREAS Section 444 of the Municipal Act, 2001 provides that if a municipality is
satisfied that a contravention of a by-law of the municipality passed under this Act has
occurred, the municipality may make an order requiring the person who contravened the
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by-law or who caused or permitted the contravention or the owner or occupier of the
land on which the contravention occurred to discontinue the contravening activity;
AND WHEREAS section 391(1) of the Municipal Act, 2001 provides that a municipality
may impose fees or charges on persons:
a)
for services and activities provided or done by or on behalf of it; and
b)
for costs payable by it for services or activities provided or done by or on behalf
of any other municipality or any local board;
NOW THEREFORE BE IT RESOLVED That the Council of the Corporation of the
Township of Baldwin hereby enacts as follows:
Part 1 - Interpretation and Application
1.1
Short Title
1.1.1 This By-law may be referred to as "The Short-Term Rental By-law".
1.2
Application
1.2.1 This By-law shall apply to all buildings within the geographic limits of the
Corporation of the Township of Baldwin for the purposes of the business or
occupation of providing short-term rentals.
1.2.2 Notwithstanding section 1.2.1 the requirements of this By-law do not apply to a
bed and breakfast, camping establishment, hotel.
1.3
Reference Aids
1.3.1 The headings and subheadings used in this By-law are inserted for convenience
of reference only and do not form part of the By-law and shall not affect in any
way the meaning or interpretation of the provisions of this By-law.
1.4
Severability
1.4.1 If any provision or part of a provision of this By-law is declared by a court of
competent jurisdiction to be illegal or inoperative in whole or in part, or
inoperative in particular circumstances, such provision or part of the provision
shall be deemed to be severable, and the balance of the By-law, or its application
in other circumstances, shall not be affected and shall continue to be in full force
and effect.
1.5
Compliance with Legislation
1.5.1 Nothing in this By-law relieves any person from complying with any provision of
any federal or provincial legislation, or any other by-law of the Corporation of the
Township of Baldwin and, without limiting the generality of the foregoing, this
includes the Municipal Act, 2001.
1.6
Conflict
1.6.1 If a provision of this By-law is in conflict with a provision of any applicable act,
regulation or other by-law, the provision that establishes the higher or more
restrictive standard shall apply.
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1.7
Schedules
1.7.1 The Schedules referred to in this By-law form an integral part of this By-law.
1.8
Delegation
1.8.1 The administration of this By-law is hereby delegated to the By-Law Enforcement
Officer.
1.9
Definitions
1.9.1 Definitions in the Building Code Act, 1992, S.O. 1992, c. 23 and the Building
Code, O. Reg. 332/12 shall apply with respect to matters pertaining to buildings
unless otherwise defined in this By- law. In addition, the following definitions shall
apply in this By-law.
"Agent" means a person duly appointed by an owner or the Corporation of the
Township of Baldwin to act on their behalf, who shall be at least 18 years of age.
"Applicant" means the person applying for a licence or renewal of a licence under this
By-law.
"Bed and Breakfast" means a bed and breakfast as defined in Zoning By-law 2021-P-
001 or any successor by-law thereto.
"Boarding, Lodging or Rooming House" means a boarding, lodging or rooming
house as defined in Zoning By-law 2021-P-001 or any successor by-law thereto.
"Camping Establishment" means camping establishment as defined in Zoning By-law
2021-P-001 or any successor by-law thereto.
"Township" means The Corporation of the Township of Baldwin or the area within the
geographical limits of the Corporation of the Township of Baldwin, as the context
requires.
"Corporation" means a body incorporated pursuant to the Business Corporations Act,
R.S.O. 1990 c. B.16, or the Corporations Act, R.S.O. 1990, c. C.38.
"Dedicated Responsible Person" means the owner or agent assigned by the owner
or licensee of the short-term rental, who shall be at least 18 years of age, to ensure the
short-term rental is operated in accordance with the provisions of this By-law, the
licence and applicable laws.
"Dwelling" means dwelling as defined in Zoning By-law 2021-P-001 or any successor
by-law thereto.
"Dwelling Unit" means dwelling unit as defined in Zoning By-law 2021-P-001 or any
successor by- law thereto.
"Entire Unit Rental" means a short-term rental in which the renter occupies an entire
dwelling unit.
"Guest Room" means a room within a dwelling, offered for short-term rental intended
primarily for overnight occupation.
"Guest" means a consumer of short-term rental services.
"Hotel" means a hotel as defined in Zoning By-law 2021-P-001 or any successor by-
law thereto.
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"Licence" means the licence issued under this By-law as proof of licencing under this
By-law.
"Licensee" means a person who holds a licence or is required to hold a licence under
this By- law.
"Licence Class" means the classification of a short-term rental.
"Licence Issuer" means any person or persons provided the authority by the
Corporation of the Township of Baldwin to issue a licence under this By-law.
"Listing" means any individual short-term rental advertised on an online platform.
"Noise By-law" means the Corporation of the Township of Baldwin By-law to Control
Noise No. 2023-003 or any successor by-law thereto.
"Non-Principal Dwelling Unit Short-Term Rental" means a short-term rental that is
not someone's principal dwelling unit (where they do not live primarily).
"Occupant" means any person or persons over the age of 18 years occupying a lot.
"Officer" means a Building Inspector or Municipal Law Enforcement Officer for the
Corporation of the Township of Baldwin.
"Operator" means any person who operates a short-term rental.
"Overcrowding" means occupancy of a premises in excess of the maximum permitted
by a licence issued under this By-law.
"Owner" means the person holding title to the property on which the short-term rental is
located, and "ownership" has a corresponding meaning.
"Partial Unit Rental" means a short-term rental in which the renter occupies a part of
the dwelling unit only.
"Person" means an individual, a corporation, a partnership, or an association, and
includes a licensee or an applicant for a licence under this By-law as the context
requires.
"Platform" means an online matching and/or payment processing platform for
transactions between short-term rental operators and guests.
"Premises" means the property upon which a short-term rental is operated, inclusive of
buildings or structures or any part thereof used for such purposes.
"Principal Dwelling Unit" means a person's permanent lodging place to which,
whenever absent they intend to return.
"Principal Dwelling Unit Short-Term Rental" means a short-term rental which is also
someone's principal dwelling unit (where they live primarily).
"Property" means the land upon which a short-term rental is operated, exclusive of
buildings or structures or any part thereof.
"Property Standards By-law" means the Corporation of the Township of Baldwin
Property Standards By-law No. 2023-009 or any successor by-law thereto.
"Short-Term Rental" means all or part of a dwelling unit used to provide sleeping
accommodations for any rental period that is less than 28 days in exchange for
payment. Short- term rental uses shall not mean or include a bed and breakfast
establishment, institutional tourist establishment, tourist establishment, tourist camping
establishment, motel, resort, or similar commercial or institutional use.
"Short-Term Rental Code of Conduct" means a document that has been prepared by
the Township that prescribes the roles and responsibilities of the guest and
owner/operator, including but not limited to: behavioral expectations as they relate to
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non-disturbance of neighbours; compliance with applicable Township by-laws, and
adherence to the provisions of this By-law.
"User Fees By-law" means the Corporation of the Township of Baldwin User Fees By-
law No. 2023-17 or any successor by-law thereto.
"Zoning By-law" means The Corporation of the Township of Baldwin Zoning By-Law
No. 2021-P-001 being a By-law to regulate the use of land, and the character, location
and use of the buildings and structures in the Corporation of the Township of Baldwin, or
any successor by-law thereto.
Part 2 - Regulations
2.1
Prohibitions
2.1.1 No person shall use or operate any short-term rental premises unless they hold a
current and valid licence issued pursuant to this By-law.
2.1.2 No person shall advertise or operate or permit the advertisement or operation of
a short-term rental without a licence.
2.1.3 No person shall publish or display, or cause to be published or displayed, any
representation that a premises is licenced under this By-law, or hold a premises
out as being licenced under this By-Law, if the premises is not so licenced.
2.1.4 No person shall alter a licence issued under this By-law in any fashion.
2.1.5 No person shall use or operate any short-term rental premises for any
commercial activity other than the operation as a short-term rental.
2.1.6 No person shall provide false or incorrect information in an application for a
short-term rental licence.
2.1.7 No person shall permit a premises under their ownership or care and control to
be operated in contravention of a licence issued under this By-law.
2.1.8 Without limiting the generality of section 2.1.7 above, no person shall allow a
premises under their ownership or care and control to be operated in
contravention of the site plan and floor plan that has been approved by the
Licence Issuer pursuant to a licence issued under this By- law.
2.1.9 Without limiting the generality of section 2.1.7 above, no person shall rent any
guest room in a short-term rental dwelling unit other than a guest room that was
identified and approved with the application for the short-term rental licence.
2.1.10 Without limiting the generality of section 2.1.7 above, no person shall cause,
permit or contribute to overcrowding in a short-term rental.
2.1.11 No person shall violate the provisions of the Short-Term Rental Code of Conduct.
2.1.12 No guest shall remove the list of information required to be posted pursuant to
section 2.2.7 or the information package required to be provided pursuant to
section 2.2.8.
2.2
General Provisions
2.2.1 Any person who operates a short-term rental shall comply with the provisions of
this By-law, as well as with all applicable municipal by-laws and provincial and
federal legislation.
2.2.2 The owner and operator of a short-term rental shall restrict the occupancy of the
premises to a total maximum of 10 persons or less, as set out in the licence for
the premises. All occupants of a short-term rental shall be counted in calculating
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occupancy 2 persons per guest room and a maximum of 5 guest rooms is
permitted.
2.2.3 The owner and operator of a short-term rental shall maintain a minimum of two
million dollars of commercial general liability insurance per occurrence on the
premises, which shall be specific to the operation of the short-term rental.
2.2.4 Any lapse in maintaining the insurance coverage required by section 2.2.3 above
invalidates a licence issued under this By-law. An owner or operator whose
insurance coverage lapses must reapply for a licence to operate the short-term
rental.
2.2.5 The owner and operator of a short-term rental shall provide parking on the site in
accordance with the parking requirements for the applicable zone and permitted
use within the Zoning By- law. The applicant will be required to clearly indicate
where parking spaces are to be located on an approved site plan. The owner
shall not encourage renters to park at the boat launch and shall limit the amount
of parking as such.
2.2.6 The owner and operator of a short-term rental shall ensure that parking is only
permitted in a parking area consisting of a hard- surfaced material (concrete,
interlock brick, permeable pavers, asphalt, crushed stone or other hard surface
or dustless materials).
2.2.7 The owner and operator of a short-term rental shall ensure that the following
information is posted on the interior of each short-term rental premises, within a
maximum of 1m from the main entrance, is clearly visible to guests and is made
available for inspection:
a)
copy of current licence;
b)
address of the short-term rental premises;
c)
name of short-term rental premises owner or agent;
d)
name, address, phone number and email address of the dedicated responsible
person; and
e)
Emergency Services Statement, only applicable if the type of access to the short-
term rental premises is not a year-round maintained public road. If this is
applicable, the following statement must be posted within a maximum distance of
1m from the main entrance: "Due to this short-term rental premises not being
accessible by a year-round maintained public road, emergency response times
may be delayed to this location in the event of an emergency."
2.2.8 The owner and operator of a short-term rental shall ensure that an information
package is available for guests containing the following;
a)
copy of approved site plan and floor plan;
b)
Short-term Rental Code of Conduct as prepared by the Township; and
c)
quick reference guide for applicable by-laws as prepared by the Township.
2.2.9 A person who posts a short-term rental listing on a short-term rental platform
shall include the licence number as set out on the licence issued under this By-
law.
2.2.10 An owner, agent or dedicated responsible person shall respond to phone calls
and/or emails within 30 minutes and attend the short-term rental premises within
120 minutes to an emergency or contravention of any Corporation of the
Township of Baldwin by-law.
2.2.11 Where a licence is issued under this By-law, the application for licence and
issued licence, along with the legal description of the property, civic address, and
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names and contact information of the associated owner, and/or authorized agent
and/or dedicated responsible person will be posted on the Corporation of the
Township of Baldwin's website.
2.2.12 Garbage disposal is the responsibility of the owner, all welcome
packages should list the location of a secure storage area that will prevent
access by wildlife or vermin.
2.2.13 The provisions of this By-law shall not apply when the short-term rental is not
being rented and is not being offered for rent.
2.2.14 In any event of a complaint, residents are to call the short-term rental owner with
the information posted on the website baldwin.ca or call the by-law officer directly at 1-
888-836-6661.
Part 3 - Licence Class
3.1
Licence Class
3.1.1 Class A - Principal Dwelling Unit Short-Term Rental (Partial Unit Rental)
(a)
A Class A Principal Dwelling Unit Short-Term Rental (Partial Unit Rental) shall be
permitted within zone R4 only.
(b)
A Class A Principal Dwelling Unit Short-Term Rental (Partial Unit Rental) shall be
permitted to be rented for a maximum of 28 days.
(c)
The Class A Licence shall be the owner's principal dwelling unit.
3.1.2 Class B - Principal Dwelling Unit Short-Term Rental (Entire Unit Rental)
(a)
A Class B - Principal Dwelling Unit Short-Term Rental (Entire Unit Rental) shall
be permitted within zone R4 only.
(b)
A Class B - Principal Dwelling Unit Short-Term Rental (Entire Unit Rental) shall
be permitted to be rented for a maximum of 28 days.
(c)
The Class B Licence shall be the owner's principal dwelling unit.
3.1.3 Class C - Non-Principal Dwelling Unit Short-Term Rental
(a)
A Class C Non-Principal Dwelling Unit Short-Term Rental shall be permitted
within zone R4 only.
(b)
A Class C Non-Principal Dwelling Unit Short-Term Rental shall be permitted to be
rented for a maximum of 28 days.
(c)
The Class C Licence shall not be the owner's principal dwelling unit.
Part 4 - Licensing Requirements
4.1
Licence Application Requirements
4.1.1 Every application for a new licence, or the renewal of an existing licence, shall
include:
(a)
a completed application in the form required by the Corporation of the Township
of Baldwin;
(b)
the following documents:
i.
site plan of the premises;
ii.
a completed Dedicated Responsible Person Consent and
Acknowledgment Form on a form as prepared by the Township; and
iii.
Any other documents as determined by the Township.
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(c)
proof that the applicant is at least 21 years of age (in the form of government
identification), if the applicant is an individual;
(d)
name and contact information of the owner, agent or dedicated responsible
person who can be readily contacted and respond to an emergency or
contravention of any Corporation of the Township of Baldwin By-law, including
attendance on site of the short-term rental premises within 120 minutes of being
notified of the occurrence;
(e)
certificate of insurance demonstrating compliance with the insurance
requirements set out in section 2.2.3 of this By-law, including but not limited to
the fact that the premises is insured as a short-term rental;
(f)
proof that the applicant, if a corporation, is legally entitled to conduct business in
Ontario, including but not limited to:
i.
articles of incorporation or other incorporating documents, duly certified by the
proper government official or department of the Province of Ontario or the
Government of Canada; and
ii.
a list containing the names of all shareholders of the corporation;
(g)
in the case of an applicant being a partnership, the names and addresses of
each member of the partnership as well as the name under which the partnership
intends to carry on business;
(h)
in the case of an applicant or agent acting on behalf of the owner, an owner's
written authorization is required;
(i)
for any short-term rental on a septic system, the applicant will be required to
provide proof of septic pumping and its capacity that will support the short-term
rental premises;
(j)
for any short-term rental with an outhouse, the applicant will be required to
provide proof of an approved permit per the Ontario Building Code, section
8.3.3.1 that will support the short-term rental premises and a grey water pit has to
be approved by the Sudbury District Public Health unit to accommodate showers,
sink and kitchen.
4.1.2 Other Requirements:
(a)
The licensee shall inform the Township in writing of any changes to the approved
information contained within the licence application or any deviation to the
approved plans within seven days of such change or deviation. Nothing herein
authorizes a licensee to have guest rooms other than those identified on the
application for a licence and approved by the Township in the licence.
4.2
Licence Issuer - Responsibilities
4.2.1 Upon receipt of an application for a licence the Licence Issuer shall receive and
review the application and any accompanying documents for completeness.
4.2.2 The determination of whether a licence application is complete in accordance
with this By-law shall be within the discretion of the Licence Issuer.
4.2.3 Upon determination by the Licence Issuer that information requirements and all
regulatory and by-law requirements of the Township are met, a licence shall be
issued.
4.2.4 In addition to any terms and conditions of a licence imposed by this By-law, the
Licence Issuer may impose additional terms and conditions as are necessary in
their discretion.
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4.3
Licence - Validity, Expiry, Suspension & Revocation
4.3.1 A licence issued pursuant to the provisions of this By-law shall expire one year
from the date it was issued unless it is revoked in accordance with any provisions
of this By-law.
4.3.2 A short-term rental licence that has been issued pursuant to this By-law shall
expire upon the earliest of the following events:
a)
the date that is one year after the date of the issuance of the licence; or
b)
upon the sale of the short-term rental premises.
4.3.3 A demerit point system is hereby established for short-term rental licences and
demerit points shall be administered in accordance with Schedule 'A'.
4.3.4 The Licence Issuer may refuse to issue or renew a licence or revoke or suspend
a licence, as per Schedule 'A' of this By-law, or where:
a)
there are reasonable grounds for belief that the operation of a short-term rental at
a specific premises may be adverse to the public interest;
b)
a premises or applicant has had a licence that has been previously revoked,
suspended, or made subject to terms and conditions;
c)
a premises or applicant applying for a licence has presented a history of
contravention of this By-law, or other Corporation of the Township of Baldwin by-
laws;
d)
the Short-Term Rental Code of Conduct has been violated at this premises;
e)
the septic system requirements are not met;
f)
the proposed use of the premises is not permitted by the Zoning By-law;
g)
the owner is indebted to the Corporation of the Township of Baldwin in respect of
fines, penalties, judgements, or any other amounts owing, including awarding of
legal costs, disbursements, outstanding property taxes and late payment
charges, against an owner's property; or
h)
the property does not conform with applicable federal and provincial law and
regulations or municipal by-laws, including, but not limited to, the Zoning By-law,
Property Standards By- law, the Building Code Act, 1992, or the Fire Protection
and Prevention Act, 1997, S.O. 1997, c. 4.
4.3.5 Short-Term Rental Licences are limited and are on a first come, first served
basis. The Township of Baldwin allots 15 licences per year;
4.3.6 On any given road or street, side by side/adjacent short-term rentals are not
permitted, furthermore there cannot be short-term rentals on both sides of a
property.
Part 5 - Fees and Cost Recovery
5.1
Fees
5.1.1 Fees shall be levied in accordance with Schedule "B" attached.
5.1.2 Where an Officer conducts an inspection and determines that a short-term rental
is not in compliance with this By-law, the Officer may impose an inspection fee in
accordance with the User Fees By-law.
5.1.3 Every owner shall pay the fees as set out in Schedule "B" which becomes due
and payable upon written notification by an Officer, or upon issuance of an
invoice by the Township.
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5.1.4 Payments received by the Township on the 31st day or later after the date of
being requested, shall be subject to an "administrative fee" as set out in
Schedule "B" and Demerit Points as per the Demerit Point System as set out in
Schedule "A" attached.
5.1.5 Where an owner is in default of payment of fees for more than 30 calendar days
after due, the Township may add the cost to the tax roll of the subject property
and collect the amount in the same manner as property taxes.
Part 6 - Appeals
6.1
Appeals
6.1.1 Where the Licence Issuer has refused to issue or renew a licence under section
4.3.4 of this By- law the applicant may appeal such decision to the Short-Term
Rental Committee through a letter of appeal to the By-Law Enforcement Officer
within ten days of the decision.
6.1.2 The appeal under section 6.1.1 of this By-law shall contain the following
information:
a)
reasons for the appeal; and
b)
Order Appeal Fee as provided in the User Fees By-law.
6.1.3 Where no request for an appeal is received in accordance with section 6.1.1 of
this By-law, the decision of the Licence Issuer shall be final and binding.
6.1.4 Where a request for an appeal is received, in accordance with section 6.1.1 of
this By-law, a meeting will be scheduled with the Short-Term Rental Committee
for the purpose of holding a hearing of the appeal, and the applicant or licensee
shall be provided reasonable written notice thereof.
6.1.5 If the owner/agent fails to appear at the appointed time for their appeal hearing,
the licensee will be charged a "Failure to Appear" fee in accordance with the
Schedule "B"
6.1.6 After such opportunity to be heard is afforded to the person, the Short-Term
Rental Committee shall make a decision. When making its decision; the Comittee
may consider any matter pertaining to this By-law, or other matter that relates to
the general welfare, health or safety of the public. When making its decision, the
Committee may refuse to issue or renew a licence, revoke, suspend, or impose
any condition to a licence.
6.1.7 The Committee's decision is final and binding and shall not be subject to review.
Part 7 - Inspection and Enforcement
7.1
Authority to Enforce
7.1.1 This By-law may be enforced by an Officer.
7.2
Inspection - At Any Reasonable Time
7.2.1 Every Officer may enter on land at any reasonable time for the purpose of
carrying out an inspection to determine whether or not the following are being
complied with:
a)
the provisions of this By-law;
b)
a direction or order of the Township made under this By-law;
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c)
a condition of a licence passed under this By-law; and
d)
a court order made pursuant to section 431 of the Municipal Act, 2001 and
section 7.5.6 of this By-law.
7.2.2 A person exercising a power of entry on behalf of a municipality under this By-law
shall not enter or remain in any room or place actually being used as a dwelling
unless:
a)
the consent of the occupier is obtained, the occupier first having been informed
that the right of entry may be refused and, if refused, may only be made under
the authority of an order issued under section 438 of the Municipal Act, 2001, or
a warrant issued under section 439 of the Municipal Act, 2001;
b)
an order issued under section 438 of the Municipal Act, 2001 is obtained;
c)
a warrant issued under section 439 of the Municipal Act, 2001 is obtained; or
d)
the delay necessary to obtain an order or warrant under section 438 or 439 of the
Municipal Act, 2001, or to obtain the consent of the occupier would result in an
immediate danger to the health or safety of any person.
7.2.3 The Township's power of entry may be exercised by an Officer, or agent for the
Township and this person may be accompanied by any person under their
direction, including law enforcement services.
7.2.4 During any inspection carried out under this By-law, an Officer may be
accompanied by other Corporation of the Township of Baldwin employees,
agents or authorities as deemed necessary.
7.3
Obstruction
7.3.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, an Officer in
the lawful exercise of a power or the performance of a duty under this By-law.
7.3.2 Any person who is alleged to have contravened any provision of this By-law shall
identify himself or herself to the Officer upon request. Any failure to do so shall be
deemed to be an obstruction or hindrance to the officer in the execution the
Officer's duties.
7.4
Orders
7.4.1 An Officer who finds that a property does not conform with any of the provisions
of this By-law may make an Order:
a)
stating the municipal address or the legal description of the property;
b)
giving reasonable particulars of the activity to be discontinued;
c)
indicating the time for complying with the terms and conditions of the Order; and
d)
indicating the final date for giving notice of appeal from the Order.
7.4.2 An Order shall be served on the owner of the property and such other persons
affected by it, as an Officer determines, and a copy of the Order may be posted
on the property in a location visible to the public.
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7.5
Offence and Penalty
7.5.1 A person who fails to comply with any provision of this By-law is guilty of an
offence as provided for in the Municipal Act, 2001, S.O. 2001, c.25., as amended
or any successor thereof.
7.5.2 A person who fails to comply with section 2.1.1 of this By-law is guilty of a
continuing offence as provided for in the Municipal Act, 2001, S.O. 2001, c.25.,
as amended or any successor thereof.
7.5.3 A person who fails to comply with an Order issued under this By-law is guilty of a
continuing offence as provided for in the Municipal Act, 2001, S.O. 2001, c.25.,
as amended or any successor thereof.
7.5.4 A person who is convicted of an offence under this By-law is liable to a fine of not
more than $50,000 for a first offence and to a fine of not more than $100,000 for
a subsequent offence as provided for in the Municipal Act, 2001, S.O. 2001,
c.25., as amended or any successor thereof.
7.5.5 Notwithstanding section 7.5.4 of this By-law, a person who is convicted of a
continuing offence under this By-law is liable to a fine of not more than $10,000
for each day or part of a day that the offence continues and, notwithstanding
section 7.5.4 of this By-law, the total of all daily fines for the offence is not limited
to $100,000 as provided for in the Municipal Act, 2001, S.O. 2001, c.25., as
amended or any successor thereof.
7.5.6 If a provision of this By-law is contravened and a conviction is entered, in addition
to any other remedy and to any penalty imposed by this By-Law, the court in
which the conviction is entered, and any court of competent jurisdiction
thereafter, may make an order prohibiting the continuation or repetition of the
offence by the person convicted as provided for in the Municipal Act, 2001, S.O.
2001, c.25., as amended or any successor thereof.
Part 8 - Coming Into Force
8.1
Coming Into Force
8.1.1 This By-law shall come into force and effect upon:
(a)
June 10, 2024
READ A FIRST, SECOND AND THIRD TIME AND FINAL PASSED ON THIS 10TH DAY
OF JUNE 2024.
_______________________
_________________________
Mayor
Clerk
13
Schedule 'A' - Demerit Point System
Item Section
Short Form Wording
Demerit Points
1
2.2.2
Number of guests on premises contrary to
requirements of Zoning By-law
1
2
2.2.5
Parking contrary to requirements of Zoning
By-law
1
3
2.2.7
Failure to post required information on the
interior of the short-term rental premises
1
4
2.2.10
Failure to respond to a concern or attend the
premises, when required, within the 60
minutes
1
5
5.1.3
Failure to pay fees within the prescribed
timelines
1
6
4.1.2.1
Failure to notify of any licence change (s)
within 7 days
1
7
2.1.1
Operating short-term rental without a licence
1
8
2.1.2
Advertising short-term rental without a licence
1
9
2.1.5
Operating a short-term rental for any
commercial activity other than that of a short-
term rental
1
10
2.1.6
Providing false information on short-term
rental application
1
11
2.1.7
Operating short-term rental contrary to licence
class
1
12
2.1.9
Renting guest rooms contrary to approved
licence
1
13
2.1.11
Violation of the Short-Term Rental Code of
Conduct
1
14
7.3
Hindering or obstructing an Officer while on
duty
1
15
2.2.7
Removal of required posted information on
the interior of the short-term rental premises
1
16
2.2.8
Failure to make available the required
information package for guests
1
17
7.5.3
Contravention of any order
1
Please note the following:
1.
A short-term rental licence shall be suspended for a period of one year when
three demerit points or confirmed violations are determined within one year.
2.
A short-term rental licence is revoked when one additional demerit point or
confirmed violation is received within one year of the licence suspension date.
14
Action
Offence
Time
Remedy to Renew
Licence
Three confirmed by-law
violations or order on one
short-term rental property
1 Year
One year by-law
violation-free from the
date of the last
offence, on this
property owned by
same owner upon
payment of the re-
instatement fee.
Three demerit points
confirmed on one short-
term rental property
One year violation,
order, and
demerit point-free on
the same property
upon payment of the
re-instatement fee.
Three demerit points
confirmed on one short-
term rental owner (for
short-term rental
operators with multiple
short- term rentals)
One year violation,
order, and
demerit point-free for
the same owner on
the property upon
payment of the re-
instatement fee.
One additional confirmed
by-law violation or order
on a property under
short-term rental
suspension
Permanent
None
One demerit points
confirmed against a
property while on short-
term rental suspension
Revoked Licence
Suspend Licence
15
Schedule 'B' - Fees
Financial/Legal Implications
To offset the cost of providing services, municipalities have the authority under Section
391(1) of the Municipal Act to impose a fee or charge on individuals. In most cases an
individual receives a direct benefit from a service however in the case of the
aforementioned by-laws the imposed fee or charge is to gain compliance. Increasingly
municipalities are looking at user fees to help offset the impact of municipal services on
property taxes.
The Municipal Act and case law requires that there be a nexus or connection between
the fee charged and the costs incurred so that the fee is revenue neutral (over the long
term). In situations in which there is also a community benefit associated with providing
the service, the fee charged may be less than the full cost recovery rate and a portion of
the cost is funded by the general tax levy.
With the introduction of the Short-Term Rental By-law staff have a detailed costing
analysis to determine the full cost of providing and upholding the by- law. The full cost
recovery rates were then used as a benchmark against which new fees were
established.
Description
Fee
Application Fee*- Class A (Principal Dwelling - Partial Unit Rental)
$500.00
Application Renewal Fee* - Class A
$250.00
Application Fee* - Class B (Principal Dwelling - Entire Unit Rental)
$600.00
Application Renewal Fee* - Class B
$300.00
Application Fee*- Class C (Non-Principal Dwelling - Entire Unit Rental)
$700.00
Application Renewal Fee* - Class C
$350.00
Appeal Fee
$500.00
Stand by Fee**
$50 per hr
Failure to Appear
$100.00
*Application Fee & Application Renewal Fee includes tasks that are defined for the
average application which includes such tasks as: receipt of application, review,
processing, inspections, notices, orders, monitoring, communications, and inspections
**Stand by fee is intended to be charged for the actual time spent in organizing,
documenting and supervising work outside of the standard fees.
16
Schedule 'C' - Short-Term Rental Licence Application Form
17
Schedule 'D' - Renters Code of Conduct
18
Schedule 'E' - Licence for Short Term Rentals
Front of Licence - Class A, B, C
19
Back of Licence
Schedule 'F' - Provincial Offences Act; Set Fines Schedule
Item
Short Form Wording
Set Fine
1
Operate Short-Term Rental - not in accordance with conditions
of by-law
$500.00
2
Promote, advertise or offer a rental without a licence
$700.00
3
Alter or modify a licence without notice
$400.00
4
Use or attempt to use licence not issued to property address
$400.00
5
Operate a Short-Term Rental with expired or without described
insurance
$400.00
6
Fail to post copy of Short-Term Rental Licence
$200.00
7
Fail to post emergency exit diagram in rental unit
$200.00
8
Failure to post Renters Code of Conduct
$200.00
9
Allow more than the maximum number of guests in rental unit
$300.00
10
Operate Short-Term Rental while licence is suspended
$500.00
11
Operate more than one Short-Term Rental on a property
$500.00
12
Use an accessory building or recreational vehicle as a Short-
Term Rental unit
$400.00
13
Allow renter to cause a nuisance
$300.00
14
Allow event activities that contravene current by-law provisions
$400.00
15
Hinder or obstruct an officer
$400.00
16
Attempt to hinder or obstruct an officer
$400.00
Note: The penalty provision for the offences indicated above is section 7.5 of the By-law
2024-007, a certified copy of which has been filed.
20
Schedule 'G' - Licence Inspection Checklist